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Tenancy By Entirety Vs. In a TBE, both people have equal, 100% interest in the property. In a joint tenancy, all parties have an equal interest in the property, but it is not 100%. If two people share the joint tenancy, they both have 50% interest in the property. With TBE, the couple is seen as one entity.
A joint tenancy in Florida has all the features of the tenancy in common except that all the joint tenants must have the same equal percentage of interest in the real property. The joint tenancy also does not avoid Florida probate.
The husband and the wife must receive title in the same deed or other instrument; The husband and the wife must receive the same interest; and. The husband and the wife must have equal right to control or possess the property.
The quitclaim deed would transfer title from the community or joint property to separate property. A quitclaim deed is legally binding. The transferring spouse eliminates his rights to the property after signing it.
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